Last edited Sun Apr 1, 2012, 02:31 AM - Edit history (2)
"He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments."
( http://www.archives.gov/exhibits/charters/constitution_transcript.html )
establishes the right of the President to nominate the Justices of the Supreme Court and all other Officers of the United States.
The Constitution is vague on the Chief Justice, only mentioning the office as follows:
"The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present."
Because of Article II, Section 2, paragraph 2 the President has traditionally nominated the Chief Justice.
Due to the Constitutional vagarity it has been suggested that other methods be used to choose the Chief Justice
(for example see: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=958829 ) but there doesn't seem to be any
significant movement to change the current Presidential nomination method.
Note that Congress has provided that:
"Whenever the Chief Justice is unable to perform the duties of his office or the office is vacant, his powers and duties shall devolve
upon the associate justice next in precedence who is able to act, until such disability is removed or another Chief Justice is appointed and duly qualified."
( http://www.law.cornell.edu/uscode/text/28/3 )
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